Research Report on the Compulsory Third-Party Liability Insurance System for Motor Vehicles

Author: Zhang Xinbao
Publisher:
Publishing Date: 2005-11-01
Features: The Implementation of the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the "Road Traffic Safety Law") has been in effect for over a year. This law not only requires for the first time the implementation of a mandatory third-party liability insurance system for motor vehicles in the form of law but also mandates that insurance companies bear no-fault liability within the limits of the mandatory insurance coverage. This is a completely new system, fundamentally altering past rules and practices. The smooth implementation of these provisions relies on the establishment of relevant supporting rules. In the past, China had never truly implemented mandatory liability insurance, lacking experience. Currently, the State Council's "Regulations on Mandatory Third-Party Liability Insurance for Motor Vehicles" and other related supporting rules have yet to be issued, leaving accident liability involving motor vehicles to be handled according to transitional policies. Vehicle owners purchase third-party liability insurance for motor vehicles based on previous contract terms, which has led to significant confusion in the practical application of the "Road Traffic Safety Law." Vehicle drivers, victims, and insurers have all questioned the relevant systems of the "Road Traffic Safety Law" and other laws and regulations for their own interests, with some even resorting to harsh criticism. The author of this article takes Beijing as the research subject, visiting the Beijing Municipal Traffic Management Bureau, relevant courts in Beijing, the China Insurance Regulatory Commission, the Beijing Insurance Regulatory Bureau, and some insurance companies in Beijing to collect and review a large amount of first-hand materials. Based on a comprehensive analysis of these materials and drawing on the successful experiences of developed countries and regions, the article proposes a series of countermeasures to improve China's mandatory third-party liability insurance system for motor vehicles. It is hoped that the solutions proposed for Beijing can also be applied nationwide, contributing to the development of the mandatory third-party liability insurance system for motor vehicles across the country. One of the features of this book lies in its detailed first-hand materials on mandatory third-party liability insurance for motor vehicles, as well as comprehensive legislative materials from developed countries and regions, which are valuable for reference and learning.